The Hazardous Waste (Wales) Regulations 2005

Regulation 3(2)(a)(i)

SCHEDULE 1 E+W ANNEX I OF THE HAZARDOUS WASTE DIRECTIVE

 

“ANNEX I E+W CATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTE LISTED ACCORDING TO THEIR NATURE OR THE ACTIVITY WHICH GENERATED THEM (*) (WASTE MAY BE LIQUID, SLUDGE OR SOLID IN FORM)

ANNEX I.A.

Wastes displaying any of the properties listed in Annex III and which consist of:

1.   anatomical substances; hospital and other clinical wastes;

2.   pharmaceuticals, medicines and veterinary compounds;

3.   wood preservatives;

4.   biocides and phyto-pharmaceutical substances;

5.   residue from substances employed as solvents;

6.   halogenated organic substances not employed as solvents excluding inert polymerized materials;

7.   tempering salts containing cyanides;

8.   mineral oils and oily substances (e.g. cutting sludges, etc.);

9.   oil/water, hydrocarbon/water mixtures, emulsions;

10.   substances containing PCBs and/or PCTs (e.g. dielectrics etc.);

11.   tarry materials arising from refining, distillation and any pyrolytic treatment(e.g. still bottoms, etc.);

12.   inks, dyes, pigments, paints, lacquers, varnishes;

13.   resins, latex, plasticizers, glues/adhesives;

14.   chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known (e.g. laboratory residues, etc.);

15.   pyrotechnics and other explosive materials;

16.   photographic chemicals and processing materials;

17.   any material contaminated with any congener of polychlorinated dibenzo-furan;

18.   any material contaminated with any congener of polychlorinated dibenzo-p-dioxin.

ANNEX I.B.

Wastes which contain any of the constituents listed in Annex II and having any of the properties listed in Annex III and consisting of:

19.   animal or vegetable soaps, fats, waxes;

20.   non-halogenated organic substances not employed as solvents;

21.   inorganic substances without metals or metal compounds;

22.   ashes and/or cinders;

23.   soil, sand, clay including dredging spoils;

24.   non-cyanidic tempering salts;

25.   Metallic dust, powder;

26.   Spent catalyst materials;

27.   liquids or sludges containing metals or metal compounds;

28.   residue from pollution control operations (e.g. baghouse dusts, etc.) except (29), (30) and (33);

29.   scrubber sludges;

30.   sludges from water purification plants;

31.   decarbonization residue;

32.   ion-exchange column residue;

33.   sewage sludges, untreated or unsuitable for use in agriculture;

34.   residue from cleaning of tanks and/or equipment;

35.   contaminated equipment;

36.   contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents included one or more of the constituents listed in Annex II;

37.   batteries and other electrical cells;

38.   vegetable oils;

39.   materials resulting from selective waste collections from households and which exhibit any of the characteristics listed in Annex III;

40.   any other wastes which contain any of the constituents listed in Annex II and any of the properties listed in Annex III.”.

(*) Certain duplications of entries found in Annex II are intentional.

Regulation 3(2)(a)(ii)

SCHEDULE 2 E+W ANNEX II OF THE HAZARDOUS WASTE DIRECTIVE

 

“ANNEX II E+W CONSTITUENTS OF THE WASTES IN ANNEX I.B WHICH RENDER THEM HAZARDOUS WHEN THEY HAVE THE PROPERTIES DESCRIBED IN ANNEX III (*)

Wastes having as constituents:

C1	beryllium; beryllium compounds;
C2	vanadium compounds;
C3	chromium (VI) compounds;
C4	cobalt compounds;
C5	nickel compounds;
C6	copper compounds;
C7	zinc compounds;
C8	arsenic; arsenic compounds;
C9	selenium; selenium compounds;
C10	silver compounds;
C11	cadmium; cadmium compounds;
C12	tin compounds;
C13	antimony; antimony compounds;
C14	tellurium; tellurium compounds;
C15	barium compounds; excluding barium sulfate;
C16	mercury; mercury compounds;
C17	thallium; thallium compounds;
C18	lead; lead compounds;
C19	inorganic sulphides;
C20	inorganic fluorine compounds, excluding calcium fluoride;
C21	inorganic cyanides;
C22	the following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in uncombined form;
C23	acidic solutions or acids in solid form;
C24	basic solutions or bases in solid form;
C25	asbestos (dust and fibres);
C26	phosphorus: phosphorus compounds, excluding mineral phosphates;
C27	metal carbonyls;
C28	peroxides;
C29	chlorates;
C30	perchlorates;
C31	azides;
C32	PCBs and/or PCTs;
C33	pharmaceutical or veterinary compounds;
C34	biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.);
C35	infectious substances;
C36	creosotes;
(*) Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.
C37	isocyanates; thiocyanates;
C38	organic cyanides (e.g. nitriles, etc.);
C39	phenols; phenol compounds;
C40	halogenated solvents;
C41	organic solvents, excluding halogenated solvents;
C42	organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Annex;
C43	aromatic compounds; polycyclic and heterocyclic organic compounds;
C44	aliphatic amines;
C45	aromatic amines;
C46	ethers;
C47	substances of an explosive character, excluding those listed elsewhere in this Annex;
C48	sulphur organic compounds;
C49	any congener of polychlorinated dibenzo-furan;
C50	any congener of polychlorinated dibenzo-p-dioxin;
C51	hydrocarbons and their oxygen; nitrogen and/or sulphur compounds not otherwise taken into account in this Annex.”.

Regulation 3(2)(a)(iii)

SCHEDULE 3 E+W ANNEX III OF THE HAZARDOUS WASTE DIRECTIVE

“ANNEX III E+W PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

H1	“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2	“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3-A	“Highly flammable”:
	— liquid substances and preparations having a flash point below 21 °C (including extremely flammable liquids), or
	— substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or
	— solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or
	— gaseous substances and preparations which are flammable in air at normal pressure, or
	— substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3-B and	“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21 °C less than or equal to 55 °C.
H4	“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5	“harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6	“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7	“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8	“Corrosive”: substances and preparations which may destroy living tissue on contacts.
H9	“Infectious”: substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10	“Teratogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11	“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12	Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid.
H13	Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.
H14	“Ecotoxic”: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

Notes

1.  Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, part I A and part II B, of Council Directive 67/548/EEC of 27 June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances M1 , in the version as amended by Council Directive 79/831/EEC M2 . E+W

Marginal Citations

M1 S.I. 2000/1043, to which there are amendments not relevant to these Regulations.

M2 S.I. 2000/1973; relevant amendments have been made by S.I.2002/2980.

2.  With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (part II D) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC M3 . E+W

Test methods

The test methods serve to give specific meaning to the definitions given in Annex III.

The methods to be used are those described in Annex V to Directive 67/548/EEC,in the version as amended by Commission Directive 84/449/EEC M4 , or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.

....................

Marginal Citations

M3 S.I. 2002/1689, to which there are amendments not relevant to these Regulations.

M4 S.I. 2002/1959; as amended by S.I. 2004/1375.

Regulation 35(2)

SCHEDULE 4 E+W FORM OF CONSIGNMENT NOTEF1

Textual Amendments

F1 Words “waste management licence/” in Sch. 4 Pt. E omitted (6.4.2008) by virtue of The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 46(7) (with regs. 69-72)

HAZARDOUS WASTE (WALES) REGULATIONS 2005 E+W

Regulation 35(3)

SCHEDULE 5 E+W SCHEDULE OF CARRIERS

Regulation 35(4)

SCHEDULE 6 E+W FORM OF MULTIPLE COLLECTION CONSIGNMENT NOTE/

....................

Regulation 46

SCHEDULE 7 E+W UK CROSS-BORDER MOVEMENT OF HAZARDOUS WASTE

Recognition of cross border UK consignment notes E+W

1.  Subject to paragraph 4 and paragraph 7, where hazardous waste is removed from premises situated in England, Scotland, Northern Ireland or Gibraltar and is transported into Wales (“a cross-border consignment note into Wales”), no requirement for a consignment note to accompany the waste under Part 6 applies if—

(a) a consignment note which is completed in England, Scotland, Northern Ireland or Gibraltar accompanies the waste; and

(b) the note contains the information required by the standard consignment note set out in the Annex to Commission Decision 94/774 of 24 November 1994 M5 (“a cross-border consignment note”).

Marginal Citations

M5 S.I. 2003/1941.

2.  Any requirement in Part 6 to complete a consignment note for a cross-border consignment may be satisfied by including the information— E+W

(a) on the cross-border consignment note; or

(b) where that is not possible, on a separate form prepared for that purpose.

3.  Any requirement to keep a copy of a consignment note for a cross-border consignment or to give a copy of the note to another person may be satisfied by keeping a copy of the cross-border consignment note or giving a copy of the note to that person. E+W

UK cross-border Consignments into Wales E+W

4.—(1) If a cross-border consignment into Wales is rejected wholly or in part, the consignee must—

(a) indicate on the cross-border consignment note (if he or she has received one) or otherwise provide a written record of his or her rejection of the consignment (or part of it) and the reasons for such rejection;

(b) retain a copy of the note or record;

(c) give a copy to the carrier; and

(d) as soon as reasonably practicable, send a copy to the consignor, and (if different from the consignor) the producer or holder indicated on the cross-border consignment note.

(2) On being informed that the consignee will not accept delivery of a cross-border consignment into Wales or part, the carrier must—

(a) inform the Agency; and

(b) seek instructions from the hazardous waste producer or holder indicated on the cross-border consignment note and take all reasonable steps to ensure they are fulfilled.

(3) Before a rejected cross-border consignment into Wales is moved from the original delivery destination, the carrier must ensure that—

(a) a consignment note is completed in accordance with regulation 43 or 44; and

(b) a copy of the note is sent to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland).

(4) Where a cross-border consignment into Wales from Scotland or Northern Ireland is accepted, the consignee must send a copy of the cross-border consignment note to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland).

UK cross-border Consignments out of Wales E+W

5.—(1) Where a cross-border consignment out of Wales is consigned to premises in Scotland or Northern Ireland, the following requirements apply in addition to those in Part 6.

(2) Before the hazardous waste is removed—

(a) the hazardous waste producer, or holder, as the case may be, or (in the case of a multiple collection of hazardous waste) the carrier, must ensure that—

(i) a copy of the relevant consignment note is prepared for SEPA (where the waste is to be consigned to a consignee in Scotland), or for the Northern Ireland Department of the Environment (where the waste is to be consigned to a consignee in Northern Ireland); and

(ii) an additional copy is provided for the consignee.

(b) the copies of the relevant consignment note prepared pursuant to paragraph (a) must be completed in accordance with Part 6; and

(c) the consignor (or the producer or holder, as the case may be) or, in the case of a multiple collection of hazardous waste, the carrier, must send the copy of the note prepared pursuant to paragraph (a)(i) to the relevant authority at least 72 hours before removal of the consignment or if that is not possible, as soon as reasonably practicable thereafter.

(3) The carrier must ensure the additional copy of the note prepared for consignee travels with the consignment and is given to the consignee on delivery of the consignment.

Multiple Collections in Wales and England E+W

6.—(1) This paragraph applies to a journey made by a carrier which meets the conditions set out in regulation 38(1) except that at least one collection is made in England.

(2) A journey to which this paragraph applies is to be treated as a multiple collection for the purposes of these Regulations but in relation to any collections made in England, the carrier must ensure that the multiple collection consignment note is completed before the waste is delivered to the consignee.

(3) Where the consignee for a journey to which this paragraph applies is located in England, regulation 38 applies to the collection of any consignments collected in Wales.

Regulation 54

SCHEDULE 8 E+W FORM OF CONSIGNEE'S RETURN TO PRODUCER OR HOLDER

Regulation 59

SCHEDULE 9 E+W TRANSITIONAL CHARGES BY THE AGENCY

1.  The following paragraphs have effect in relation to the charges payable to the Agency under these Regulations. E+W

2.  The charge to be paid on the notification of premises pursuant to regulation 26 is— E+W

(a) £28 for each set of premises notified in writing;

(b) £23 for each set of premises notified by telephone; and

(c) £18 for each set of premises notified in electronic form.

3.  The charge to be paid by a consignee in respect of any consignee quarterly returns made pursuant to regulation 53 is— E+W

(a) for any return made in writing, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i) £10 for each consignment forming part of a multiple collection; and

(ii) £19 for any other consignment; and

(b) for any return made in electronic form, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i) £5 for each consignment forming part of a multiple collection; and

(ii) £10 for any other consignment.

4.  The charge to be paid by a producer in respect of any self disposal return made pursuant to regulation 53 is— E+W

(a) for any return made in writing, £19; and

(b) for any return made in electronic form, £10.

5.  The time for payment of the fee required under paragraph 3 and 4 is the later of 30 days following— E+W

(a) the last day of the quarter to be covered by the return if a return is not submitted in accordance with regulation 53; or

(b) submission of the return in accordance with regulation 53.

6.  A consignee may recover from a consignor any fees paid under paragraph 3 in relation to consignments sent by that consignor. E+W

Regulation 70(7)

SCHEDULE 10 E+W FORM OF FIXED PENALTY NOTICES/

Regulation 73

SCHEDULE 11 E+W CONSEQUENTIAL AMENDMENTS

PART 1 E+W AMENDMENTS TO PRIMARY LEGISLATION

The Environmental Protection Act 1990 E+W

1.  The Environmental Protection Act 1990 is amended as follows. E+W

2.  In section 75 (as amended by the Hazardous Waste (England and Wales) Regulations 2005 M6 — E+W

(a) in subsection (8A) for paragraph (b) substitute—

“(b) in the application of this Part to Wales, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (Wales) Regulations 2005.”;

(b) subsection (8B) is omitted.

Marginal Citations

M6 OJ No L 196, 16. 8. 1967, p. 1.

The Waste and Emissions Trading Act 2003 E+W

3.  The Waste and Emissions Trading Act 2003 M7 is amended as follows. E+W

Marginal Citations

M7 OJ No L 259, 15. 10. 1979, p. 10.

4.  In section 25(2), for “for the purpose of Council Directive 91/689/EEC” substitute “ within the meaning of regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”. E+W

PART 2 E+W AMENDMENTS TO SECONDARY LEGISLATION

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 E+W

5.  The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M8 are amended as follows. E+W

Marginal Citations

M8 OJ No L 257, 16.9.1983, p.1.

6.  At the end of Schedule 1 insert “ The Hazardous Waste (Wales) Regulations 2005 ”. E+W

The Environmental Protection (Duty of Care) Regulations 1991 E+W

7.  The Environmental Protection (Duty of Care) Regulations 1991 M9 are amended as follows. E+W

Marginal Citations

M9 OJ No L 251, 19.9.1984, p.1.

8.  In regulation 2(3), for “special waste” substitute “ hazardous waste ”, and for “Special Waste Regulations 1996” substitute “ Hazardous Waste (Wales) Regulations 2005 ”. E+W

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 E+W

9.  The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 M10 are amended as follows. E+W

Marginal Citations

M10 OJ No. L310, 03.12.1994 p.70.

10.  In Section 5.1 of Chapter 5 of Schedule 1— E+W

(a) in the definition of “exempt hazardous waste incineration plant”—

(i) in paragraph (ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

(ii) in paragraph (iii) for “Annex III to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 3 of the Hazardous Waste (Wales) Regulations 2005 ”;

(b) in the definition of “hazardous waste”—

(i) in the opening words, for “Article 1(4) of Directive 91/689/EEC” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

(ii) in sub-paragraph (i)(b) and paragraph (v), for “in Annex II to Directive 91/689/EEC” substitute “ in Schedule 2 to the Hazardous Waste (Wales) Regulations 2005 ”.

Waste Management Licensing Regulations 1994 E+W

11.  The 1994 Regulations are amended as follows. E+W

12.  In regulation 1(3), for the definition of “special waste”, substitute E+W

““hazardous waste” has the meaning given by regulation 6 of the Hazardous Waste (Wales) Regulations 2005”.

13.  In regulation 3, at the end add “ (q) the Hazardous Waste (Wales) Regulations 2005 ”. E+W

14.  In regulation 10(1)(j) for “special waste” substitute “ hazardous waste ”. E+W

15.  In regulation 10(1)(k) at the end insert “ or regulation 47(5) or 48(6) of the Hazardous Waste (Wales) Regulations 2005 ”. E+W

16.  In regulation 14(1) and 14(2), for “toxic and dangerous waste” substitute “ hazardous waste ”, and in regulation 14(3) for the definition of “toxic and dangerous waste” substitute “ “hazardous waste” has the meaning given by regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”. E+W

17.  In regulation 17(3) and 17(3A) for “special waste” substitute “ hazardous waste ”. E+W

18.  In paragraph 5 of Schedule 1, for subparagraph (d) to the end of paragraph 5, substitute— E+W

“ 

(d) every record made relating to the site pursuant to regulation 14 of the Control of Pollution (Special Waste) Regulations 1980, regulation 16 of the 1996 Regulations, or regulation 47 of the Hazardous Waste (Wales) Regulations 2005;

and any estimate under paragraph 4 of the total quantities of the different types of waste dealt with at the site shall, in particular, differentiate between biodegradable waste, non-biodegradable waste and hazardous waste. ”.

19.  In paragraph 2(1) of Schedule 1A, for the definition of hazardous waste substitute “ “hazardous waste” means such waste as defined in Regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ” E+W

20.  In schedule 3, in paragraphs 3(a)(ii), 3(c), 18(2)(b), 28, 36(1), 36(2), 38, 39(1), 39(2), 41(2), and in tables 4, 4A and 4B, on each occasion that it appears, for “special waste” substitute “ hazardous waste ”. E+W

21.  In paragraph 9 of Schedule 4, omit subparagraphs (9) and (10). E+W

22.  In paragraph 13(1) of Schedule 4 delete “, and producers of special waste,”. E+W

23.  In paragraphs 14(1)(b) and 14(1A) of Schedule 4 for “special waste” substitute “ hazardous waste ”. E+W

24.  For paragraph 14(5) of Schedule 4, substitute— E+W

“(2) Paragraph (a) of regulation 66 of the Hazardous Waste (Wales) Regulations 2005 (defence in case of emergency) shall apply to a person charged with an offence under paragraph (4) above as it applies to a person charged with an offence under regulation 65 of those Regulations.”.

25.  For paragraph 14(8) of Schedule 4, substitute— E+W

“(8) Regulations 67 and 69(2) of the Hazardous Waste (Wales) Regulations 2005 shall apply to an offence under this paragraph as they apply to an offence under regulation 65 of those Regulations.”.

Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999 E+W

26.  The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 M11 are amended as follows. E+W

Marginal Citations

M11 S.I. 2005/894

27.  In paragraph 9 of Schedule 1, for “hazardous waste (that is to say, waste to which Council Directive 91/689/EEC applies).” substitute “ hazardous waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”. E+W

Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)(England and Wales) Regulations 2000 E+W

28.  The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000 M12 are amended as follows. E+W

Marginal Citations

M12 2003 c. 33.

29.  For regulation 11(3), substitute the following— E+W

“(3) Subject to paragraphs (5) and (7), the Agency shall keep a register specifying the quantity, origin, nature and PCB content of used PCBs in respect of which—

(a) copies of consignment notes specifying that information are furnished to it under regulations 5(4), 8(7) or 9(3) of the Special Waste Regulations 1996; or

(b) quarterly returns specifying that information are furnished to it under regulation 53 of the Hazardous Waste (Wales) Regulations 2005,

and which in either case have been furnished by a person in the course of a business concerned with the disposal of PCBs.”

Pollution Prevention and Control (England and Wales) Regulations 2000 E+W

30.  The Pollution Prevention and Control (England and Wales) Regulations 2000 M13 (which extend to England and Wales) are amended as follows. E+W

Marginal Citations

M13 S.I. 1991/1624; Schedule 1 was amended by S.I. 1994/1137, 1996/972, 2000/1973.

31.  In Chapter 5 of Schedule 1— E+W

(a) in the definition of “hazardous waste” in the paragraph headed “Interpretation of Section 5.1” of Section 5.1—

(i) in the opening words for “Article 1(4) of Directive 91/689/EEC on hazardous waste” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

(ii) in paragraph (a)(ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

(b) in paragraph 1 of the paragraph headed “Interpretation of Part A(1)” of Section 5.3 for the definition of “hazardous waste”, substitute “ “hazardous waste” means any waste as defined for the time being in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”; and

(c) in the paragraph headed “Interpretation of Part A(1)” of Section 5.4 insert the following after paragraph 3—

In this Part, hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005.”.

Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 E+W

32.  The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 M14 are amended as follows. E+W

Marginal Citations

M14 S.I. 1991/2839; as amended by S.I.2002/1559, 2003/63.

33.  In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “ Hazardous Waste (Wales) Regulations 2005 ”. E+W

Landfill (England and Wales) Regulations 2002 E+W

34.  The Landfill (England and Wales) Regulations 2002 M15 are amended as follows. E+W

Marginal Citations

M15 S.I. 1991/472; relevant amendments are contained in S.I.1998/767.

35.  In Regulation 7(2) for “Hazardous waste means any waste as defined in Article 1(4) of Directive 91/689/EEC (hazardous waste).” substitute “ Hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”. E+W

36.  For paragraph 2(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”. E+W

37.  For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”. E+W

38.  For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it is a non-hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005. ”. E+W

39.  For paragraph 5(1)(g) of Schedule 1, substitute— E+W

“(g) in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (Wales) Regulations 2005;”.

Packaging (Essential Requirements) Regulations 2003 E+W

40.  The Packaging (Essential Requirements) Regulations 2003 M16 are amended as follows. E+W

Marginal Citations

M16 S.I. 1999/293, to which there are amendments not relevant to these Regulations.

41.  In regulation 3(2), for the words “or the provisions of Council Directive 91/689/EEC on hazardous waste.” substitute “ or the provisions of the Hazardous Waste (Wales) Regulations 2005. ” E+W

Regulation 74

SCHEDULE 12 E+W TRANSITIONAL PROVISIONS

PART 1 E+W PROVISIONS OF THESE REGULATIONS

1.—(1) This paragraph applies to any notification of premises made for the purposes of these Regulations from the day after the day on which they are made and before 16 July 2005. E+W

(2) Where it is proposed to remove waste from any premises after 16 July 2005, a producer, and, in the circumstances provided for in regulation 25, a consignor, may notify premises to the Agency in advance in accordance with regulation 26.

(3) The effective time may not be on a date earlier than 16 July 2005 or on a date later than 16 September 2005.

(4) The Agency must, where notification is duly given pursuant to this paragraph, issue a premises code in accordance with regulation 27.

(5) Expressions used in this paragraph have the same meanings as in Part 5.

2.—(1) This paragraph applies to any action taken by a producer or consignor before this paragraph comes into force but which would, if taken after it comes into force, have been a notification which complied with regulation 26, (“a pre-notification”). E+W

(2) A pre-notification is to be regarded as notification given upon the coming into force of this paragraph.

(3) Regulation 28(1) does not apply to a notification arising out of a pre-notification and that notification takes effect, instead:

(a) where the person who gave the pre-notification requested a date for commencement, at the beginning of the date so requested;

(b) where no such request was made, at the beginning of the fourth day following the day on which the pre-notification took place;

(c) when payment of the relevant fee is received by the Agency;

(d) upon the coming into force of this paragraph;

whichever is the later.

(4) Where the Agency issues a premises code in respect of premises which are the subject of a pre-notification given pursuant to this paragraph, that code is to be regarded as having been issued on the coming into force of this paragraph.

(5) Where the relevant fee is paid to the Agency in respect of a pre-notification, that fee is to be regarded as having been paid for the purposes of regulation 26(7) on the coming into force of this paragraph.

3.  Where the removal of waste by pipeline from any premises commenced before 16 July 2005 but continues thereafter, regulation 41 has effect as if the first day on which the waste was piped was 16 July 2005. E+W

PART 2 E+W PERMITTING REGIMES

4.—(1) Subject to the following provisions of this Schedule, a reference in a waste permit to special waste, or to special waste of any description (howsoever framed), is a reference to hazardous waste, or hazardous waste of that description, as the case may be. E+W

5.—(1) This paragraph applies in relation to waste which was not special waste immediately before these Regulations come into force if that waste becomes hazardous waste as a result of these Regulations (“changed status waste”). E+W

(2) Any general prohibition or restriction contained in a waste permit relating to the disposal or recovery of special waste under that permit immediately before these Regulations came into force does not apply to the disposal or recovery of changed status waste insofar as the permit specifically authorises the disposal or recovery of that type of waste.

(3) A waste permit holder who would no longer be authorised to continue to dispose or recover that waste under his or her permit by reason of the change in its status, may continue to dispose or recover that waste in accordance with the permit despite the change in status until the prescribed date.

(4) Regulation 17(3) of the 1994 Regulations does not apply to the carrying on of an exempt activity involving changed status waste at any place by a person who was carrying on that activity at that place immediately before these Regulations come into force (“a changed status waste exempt person”).

(5) A changed status waste exempt person who would no longer be authorised to carry on an exempt activity involving such waste by reason of the change in its status, may continue to carry on that activity at that place in accordance with the 1994 Regulations despite the change in status until the prescribed date.

(6) The prescribed date is—

(a) where an application for a waste permit or a variation to a permit is duly made in relation to the activity before 16 July 2006, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing expires without an appeal being made or any appeal is withdrawn or finally determined; or

(b) in any other case, 16 July 2006.